Province tears up tickets after fish seized from Alberta Mtis camp

The province won't pursue charges of illegal fishing against two Mtis men afterAlberta Fish and Wildlife officers seizedsmoked fish from aMtiscultural camp south of FortMcMurrayin September.

Even though the men won't be charged, one of them regrets not getting his day in court.

• Despite apology, Mtis leader still stuck with ticket for illegal fishing
• Province apologizes after wildlife officers seize fish from northern Alberta Mtis camp

"I wanted to go to court," Ernie Desjarlais said. "Because 40 or 50 years ago we never needed a piece of paper to go hunting or fishing."

Desjarlais saidAlberta Justice told him in November it would no longer pursue charges against him and a second person who was also ticketed for illegalfishing.

In September, wildlife officers were filmed confiscating smoked fish from a cultural camp in Conklin, Alta., a predominantly Mtis community about 150 kilometres south of FortMcMurray.

RAW: Alberta Fish and Wildlife seize fish from a Mtis camp

7 years ago

Duration 1:56

WARNING: Video contains language some might find offensive. Viewer discretion is advised. Alberta Fish and Wildlife officers seize fish from a Mtis camp outside Conklin, just south of Fort McMurray. Video supplied by Roxy Power.

Alberta Fish and Wildlife alleged the fish were caught without first securing a free licence. The localMtisin Conklin condemned the province's move, saying it was culturally insensitive and infringed upon their rights.

A day later, aftera video of the incident went viral on social media,Alberta's Indigenous Relations Minister Richard Feehan apologized. Later, Feehan personally delivered some frozen fish to replace those seized.

But Alberta Justice didn't back down immediately fromthe charges.Instead, the department said at the time it would conduct a review within90 days to "ensure Treaty or Mtis rights and the merits of the case have been fully considered."

A followup emailstatement from the department on Tuesday said the charges were dropped after Desjarlais applied and received a free licence.

"Charges did not go ahead in this situation after one of the fishermen completed the Mtis Harvester application process and received recognition of their constitutional right to fish for food," spokesperson Dan Laville wrote in a email statement.

Chill among Mtisharvesters

Desjarlais confirmed he did apply for a licence shortly after being ticketed. Surprisingly, Desjarlais said, he was approved within three weeks althoughtheprocess he said usually takes two to three months.

But Desjarlais and his community maintain they should not have to apply for a licence because they believe harvesting is an inherent right.

Shirley Tremblay, president of the MtisLocal No. 193 in Conklin, said she was also hoping the matter would go to court so the legal system would settle once and for all the question of whether Mtis require licences to fish and hunt.

"If it went to court, the community would have clarity and understanding of the harvesting policy," Tremblay said.

"People became a little bit worried if they too went to harvest, they too would be charged. [It]kind ofleft a chill in the community."

Follow David Thurton, CBC'sFort McMurraycorrespondent, onFacebook,Twitterand email him atdavid.thurton@cbc.ca